Chamber and committees

Methods and mitigation measuressuggested as a result of the consultation exercise, including those suggested aspart of any environmental impact assessment, will be taken into account before therelevant oil spill contingency plan is approved. Once the plan is approved, it willbe enforceable under the Merchant Shipping (Oil Pollution Preparedness, Responseand Co-operation Convention) Regulations 1998 which are the responsibility of theMaritime and Coastguard Agency.

The role of Scottish NaturalHeritage (SNH) includes the provision of advice to the Scottish Executive on naturalheritage matters and issues likely to affect the environment of Scotland. I haveconsequently asked SNH for advice in respect of the oil spill contingency plan tohelp inform any response the Scottish Executive may make to the recently announcedpublic consultation.

I refer the member to the answerto question S2W-23516 on 9 March 2006. All answers to written parliamentary questions are availableon the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

I am aware that the Maritimeand Coastguard Agency included the member in the list of consultees sent detailsof the consultation exercise which commenced on 16 February. The member will thereforebe aware that an environmental impact assessment (EIA) is one of the documents formingpart of the consultation. The status of such an assessment as part of the oil spillplanning process is a matter for Her Majesty’s Government but I understand thatan EIA is not a formal requirement of the relevant legislation, which is the MerchantShipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations1998.

The Scottish Executive will respondto the consultation having taken advice from Scottish Natural Heritage on the potentialenvironmental implications of the oil spill contingency plan, in particular thepotential impacts on Special Protection Areas and Special Areas of Conservationdesignated by Scottish ministers under the Conservation (Natural Habitats etc) Regulations1994 and bearing in mind our obligations in respect of European Protected Species.

I refer the member to the answerto question S2W-23475 on 9 March 2006. All answers to written parliamentary questions are availableon the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

The approval of oil spill contingencyplans is a matter for the Maritime and Coastguard Agency (MCA) acting on behalfof the Secretary of State for Transport.

As a competent authority underthe EU Habitats Directive the MCA must have regard to the requirements of the Directivewhere appropriate in the exercise of their functions. It is understood that as partof the consultation process on ship-to-ship transfer in the Firth of Forth the MCAwill give due consideration to nature conservation issues.

I refer the member to the answerto question S2W-23473 on 9 March 2006. All answers to written parliamentary questions are availableon the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

The Scottish Executive does notissue licences specifically for ship-to-ship transfer of crude oil.

If it were to be establishedthat the proposed commercial ship-to-ship transfer of crude oil were likely to disturba European Protected Species, or damage or destroy its breeding site or restingplace, whether or not the species is present in these places, a licence would berequired from the licensing authority under regulation 44 of the Conservation (NaturalHabitats & c.) Regulations 1994. In that case, the licensing authority wouldbe the Scottish Executive. The advice I have sought from Scottish Natural Heritagein respect of the Maritime and Coastguard Agency’s consultation on the relevantoil spill contingency plan will enable decisions to be taken about whether a licencemight be necessary and I do not want to prejudge the outcome of that consideration.

The Scottish Executive will maintaincontact with Her Majesty’s Government on any legislative and policy matters arisingfrom any such ship-to-ship oil transfers.